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PETTY v. DARIN

675 S.W.2d 714 (1984)

Michael T. PETTY and wife, Frances Hanks Petty, Plaintiffs-Appellants, v. Diane Elizabeth DARIN, W.L. Jones, Jr., and Della J. Darin and husband, William F. Darin, Defendants-Appellees.

Court of Appeals of Tennessee, Western Section, at Knoxville.

Permission to Appeal Denied August 27, 1984.

Attorney(s) appearing for the Case

Daniel J. Goodman, Knoxville, for plaintiffs-appellants.

Joe R. Haynes, Knoxville, for defendants-appellees.

Permission to Appeal Denied by Supreme Court August 27, 1984.

HIGHERS, Judge.

The issue in this case is whether a party whose action for rescission in the Chancery Court was dismissed may now proceed to sue for damages in the Circuit Court.

In October 1980, the plaintiffs purchased a condominium from Diane Darin, Della Darin, and William F. Darin in Knox County. After the closing, plaintiffs discovered a defect in the floor of the condominium which...

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